Minutes April 30, 2024

MINUTES OF THE OPEN SESSION

OF THE RHODE ISLAND ETHICS COMMISSION

April 30, 2024

The Rhode Island Ethics Commission held its 7th meeting of 2024 at 9:00 a.m. at the Rhode Island Ethics Commission conference room, located at 40 Fountain Street, 8th Floor, Providence, Rhode Island, on Tuesday, April 30, 2024, pursuant to the notice published at the Commission offices, the State House Library, and electronically with the Rhode Island Secretary of State. 

The following Commissioners were present:

Marisa A. Quinn, Chair                                  Frank J. Cenerini

Lauren E. Jones, Vice Chair                           Emma L. Peterson

Holly J. Susi, Secretary                                   Hugo L. Ricci, Jr.

            The following Commissioner was not present: Matthew D. Strauss.

            Also present were Herbert F. DeSimone, Jr., Commission Legal Counsel; Jason Gramitt, Commission Executive Director; Katherine D’Arezzo, Senior Staff Attorney; Lynne M. Radiches, Staff Attorney/Education Coordinator; Staff Attorneys Teresa Giusti and Teodora Popova Papa; and Commission Investigators Peter J. Mancini, Gary V. Petrarca, and Kevin Santurri.   

At 9:01 a.m., the Chair opened the meeting. 

The first order of business was:

Approval of minutes of the Open Session held on April 9, 2024. 

Upon motion made by Commissioner Jones and duly seconded by Commissioner Peterson, it was unanimously

VOTED:         To approve the minutes of the Open Session held on April 9, 2024.

The next order of business was:

Director’s Report: Status report and updates.

            Executive Director Gramitt informed that the Open Session portion of today’s meeting is being livestreamed, after which the livestream will be closed while the Commission convenes in Executive Session.  He stated that the link for the meeting along with meeting materials are available on the Commission’s website.  At the conclusion of Executive Session, the Commission will resume livestreaming in Open Session and report out all actions taken in Executive Session. The report out and video of the meeting also will be available on the Commission’s website after the meeting. 

a.) Complaints and investigations pending

There are seven complaints pending, including one of which will be initial determined at today’s meeting in Executive Session. 

b.) Advisory opinions pending 

There is one advisory opinion pending. Executive Director Gramitt informed that the staff often disposes of advisory opinion requests by providing informal guidance, resulting in petitioners withdrawing their requests and opting to recuse instead.

c.) Access to Public Records Act requests since last meeting

There were four APRA requests received since the last meeting, all of which were granted within one business day.  Two requests related to complaint matters, one related to an advisory opinion, and one related to meeting minutes. 

d.) Financial disclosure 

As of today, 3,576 statements have been filed and the compliance rate is 85-86 %.  The compliance goal is 98-99 % before the staff will initiate complaints.  In response to Commissioner Ricci, Executive Director Gramitt stated that currently there are approximately 4,300 required filers, but the number of required filers will increase given that is an election year.

e.) General office administration

Executive Director Gramitt informed that his recent conversations with the Governor’s office revealed that an appointment to fill one of the Commission’s two vacancies is imminent, and there is a likely candidate being vetted for the remaining vacancy.

            At 9:09 a.m., upon motion made by Commissioner Jones and duly seconded by Commissioner Susi, it was unanimously

VOTED:         To go into Executive Session, to wit:

a.) Motion to approve minutes of Executive Session held on April 9, 2024, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4). 

b.) In re: Michael Colasante, Complaint No. 2023-12, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4).

c.) In re: Kenneth J. Hopkins, Complaint No. 2024-6, pursuant to R.I. Gen. Laws § 42-46-5(a)(2) & (4).

d.) Motion to return to Open Session.

Executive Director Gramitt reminded all in attendance that the Open Session portion of the livestream meeting will close for Executive Session and will be reactivated for Open Session after Executive Session concludes. 

At 9:40 a.m., the Commission reconvened in Open Session.  The livestream of the meeting resumed. 

The next order of business was:

Motion to seal minutes of Executive Session held on April 30, 2024.

Upon motion made by Commissioner Susi and duly seconded by Commissioner Jones, it was unanimously 

VOTED:         To seal the minutes of the Executive Session held on April 30, 2024.

The next order of business was:

Report on actions taken in Executive Session.

Chair Quinn reported that the Commission took the following actions in Executive Session:

  1. Unanimously voted (6-0) to approve the minutes of the Executive Session held on April 9, 2024.

  2. Unanimously voted (6-0) in the matter of In re: Michael Colasante, Complaint No. 2023-12, to find that there does not exist probable cause to believe that the Respondent, Michael Colasante, a member of the Richmond Town Council, violated R.I. Gen. Laws 36-14-5 (a), (d), or Commission Regulation 520-RICR-00-00-1.2.1 (A)(2) Additional Circumstances Warranting Recusal (36-14-5002) by participating and voting to approve the award of municipal paving contracts to D’Ambra Construction Company, Inc., on August 15, 2023, and October 17, 2023.

The Complaint was dismissed with prejudice.  Copies of the Investigative Report will be available at the conclusion of the meeting.  The Commission will prepare and issue a written Decision & Order explaining the bases of its vote.

3. Unanimously voted (6-0) in the matter of In re: Kenneth J. Hopkins, Complaint       No. 2024-6, to initially determine that the Complaint states facts that, if true, are sufficient to constitute a violation of the Code of Ethics and to authorize an investigation. 

An Initial Determination is a preliminary vote that should not be construed as an opinion regarding the truth of the facts alleged in the complaint but is merely a vote to conduct an investigation into the allegations raised. 

4. Unanimously voted (6-0) to return to Open Session.

             The next order of business was:

New Business proposed for future Commission agendas and

general comments from the Commission.

            None.

            At 9:43 a.m., upon motion made by Commissioner Jones and duly seconded by Commissioner Peterson, it was unanimously

VOTED:         To adjourn the meeting.

Respectfully submitted,

 

_____________________________

Holly J. Susi

Secretary